Nichols
v.
Schwarz

Not overruled or negatively treated on appealinfoCoverage
District Court of Appeal of Florida, Fourth DistrictMar 25, 1987
504 So. 2d 503 (Fla. Dist. Ct. App. 1987)

Cases citing this case

How cited

  • Reyf v. Reyf

    …12 to satisfy a final judgment for attorneys' fees ancillary to a dissolution action. Compare Nichols v.…

  • Cooper v. Cooper

    …Thus, a continuing writ to recover arrearages for past due support for an emancipated child, for example,…

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Summaries written by judges

Summaries

  • continuing writ of garnishment authorized by § 61.12(2) only for collection of future periodic payments of alimony or child support

    Summary of this case from Reyf v. Reyf

No. 4-86-0946.

March 25, 1987.

Appeal from the Circuit Court for Martin County, Tom Waddell, Jr., J.

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Roth Romano, P.A., West Palm Beach, for appellant.

Richard A. Gescheidt of Gescheidt and Foreman, Boca Raton, for appellee.


We affirm the trial court's holding that a continuing writ of garnishment is not available under section 61.12(2), Florida Statutes (Supp. 1984), for collecting a judgment for arrearages of child support, but is limited in application to ensuring the collectibility of future periodic payments of alimony or child support. See, e.g., Goldstein v. Ginsberg, 399 So.2d 415 (Fla. 3d DCA 1981) (where husband's duty to make periodic payments had ended, continuing writ of garnishment was not available).

AFFIRMED.

HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.